No business in a Residential Zoning District, Office-Residential Zoning District, or C-1, C-1-E, C-1-VC, C-2, or C-3 Commercial Zoning District may be open to the public at any time between the hours of midnight and 5 a.m. without having first obtained a late-night operations license under this subtitle. Ord. 12-011 Ord. 16-496 Ord. 16-581

The Department may issue a late-night operations license for a business to operate a late-night delivery-only service, conditioned upon all indoor sales and dining areas being closed to the public during late-night hours. Ord. 19-259

Every application for an initial or renewal license must be in the form and contain the information that the Department requires. Any person that owns or is the franchisor of 2 or more businesses subject to this subtitle may:submit a joint application for an initial or renewal license for each of those businesses; and remit in one lump-sum payment the aggregate fees owed for those businesses. Ord. 12-011 Ord. 15-336

On filing an application for an initial license, the applicant must, in accordance with the Department’s rules and regulations:post the premises for 15 days; and within 5 days of the filing, send notice of the application by email or by certified or registered mail to the City Councilmember who represents the Councilmanic District in which the business is located. If, within the 15-day posting period, the Department receives no more than 9 written objections from real property owners, commercial tenants that are not themselves holders of or applicants for a late-night operations license, or residents within the impact area of the business, the Department must grant or deny the license within 15 days after the last day of the 15-day posting period. A denial must be based solely on one or more of the following factors:any cause for denial that is specified in <cite data-doc="City of Balt., Md., Ord. 25-013" data-path="|15|§9-16">§ 9-16 {“Denial, suspension, or revocation”} of this subtitle</cite>; the specific days and hours proposed for late-night operations; the lack or inadequacy of an indoor and outdoor security plan; and the inability or unwillingness of the applicant to accept reasonable conditions on the license to protect the public health, safety, and welfare The notice of a denial must:state the reasons for the denial; and notify the applicant of the applicant’s right to appeal to the Director. Within 30 days of receiving the notice of denial, the applicant may appeal to the Director for an administrative review of the application. If, within the 15-day posting period, the Department receives 10 or more written objections from real property owners, commercial tenants that are not themselves holders of or applicants for a late-night operations license, or residents within the impact area of the business, the Department must:deny the application; and within 7 days after the last day of the 15-day posting period, notify the applicant of the denial and of the applicant’s right to appeal to the Director. Within 30 days of receiving the notice of denial, the applicant may appeal to the Director for an administrative review of the application. Ord. 12-011 Ord. 15-336

Within 30 days after the timely filing of an appeal, the Director must notify the applicant in writing of his or her decision:to affirm the denial of the license; or to direct the Department to grant the license. In reviewing an application, the Director must consider:all letters submitted in opposition to or support of the application; any cause for denial that is specified in <cite data-doc="City of Balt., Md., Ord. 25-013" data-path="|15|§9-16">§ 9-16 {“Denial, suspension, or revocation”} of this subtitle</cite>; the specific days and hours proposed for late-night operations; the adequacy of an indoor and outdoor security plan, including any evaluation made by the Police Commissioner or his or her designee; and the ability and willingness of the applicant to accept reasonable conditions on the license to protect the public health, safety, and welfare. Ord. 12-011 Ord. 15-336

Each late-night operations license expires annually on the anniversary of its issuance and is renewable as provided in this section. To renew a license, the licensee must:apply no less than 60 days nor more than 90 days before the license expires; and in accordance with the Department’s rules and regulations, post the premises for 15 days. On filing the renewal application and payment of the renewal fee, the Department may approve the application, except as provided in subsection (d) of this section. If, within the 15-day posting period, 10 or more written objections from real property owners, commercial tenants that are not themselves holders of or applicants for a late-night operations license, or residents within the impact area of the business, the Department must:deny the application; and within 7 days after the last day of the 15-day posting period, notify the applicant of the denial and of the applicant’s right to appeal to the Director. Within 30 days of receiving the notice of denial, the applicant may appeal to the Director for an administrative review of the application. The filing of an appeal to the Director does not stay the decision of the Department pending the Director’s decision. The considerations and decision of the Director shall be as provided in <cite data-doc="City of Balt., Md., Ord. 25-013" data-path="|15|§9-9">§ 9-9 of this subtitle</cite>. Ord. 12-011 Ord. 15-336

The annual license fee is $460 per business, subject to adjustment in accordance with the City Fee Policy. Ord. 12-011

If a license or renewal license is denied under this subtitle, the applicant may not reapply for at least 12 months from the date of the final decision of the Department or, if judicial review of that decision was obtained, from the date of the final court decision. Ord. 12-011 Ord. 15-336

The Finance Department or, on appeal, the Finance Director may deny, suspend, or revoke a late-night operations license or renewal license for any of the following causes: failing to pay the applicable license fee on or before the due date; making any material false statement in any application for an initial or renewal license; failing to abate within 30 days of receipt any notice or citation for violating any provision of the <cite data-path="|building-codes">City Building, Fire, and Related Codes Article</cite>, <cite data-path="|health">Health Code Article, or Zoning Code Article; or</cite> failing to comply with any provision of:this subtitle; a rule or regulation adopted under this subtitle; or a condition imposed under this subtitle on the license. Ord. 12-011 Ord. 15-336 15-427

For any violation that is cause for suspending or revoking a license, the Finance Department or, on appeal, the Finance Director may, instead of or in addition to suspending or revoking the license, impose a civil fine of: for a 1<sup>st</sup> offense, not more than $500; and for any subsequent offense, not more than $1,000. Ord. 12-011 Ord. 15-336

This section does not apply to the denial of a license or a renewal license under § 9-8 or § 9-10(d). Within 30 days of receiving the Department’s decision to deny, suspend, or revoke a license or to impose a civil fine, an aggrieved applicant or licensee may appeal the sanction imposed to the Finance Director for an administrative review. The filing of an appeal to the Finance Director stays the decision of the Department pending the Director’s decision. Within 30 days after the timely filing of an appeal, the Finance Director must notify the applicant or licensee in writing of his or her decision. The Finance Director may affirm, reject, increase, or otherwise modify any or all of the sanctions from which the appeal was taken. Ord. 12-011 Ord. 15-336

A person aggrieved by a decision of the Finance Director under this subtitle may seek judicial review of that decision by petition to the Circuit Court for Baltimore City in accordance with the Maryland Rules of Procedure. The filing of a petition for judicial review does not stay the decision of the Finance Director. However, on motion and after hearing, the Court may grant a stay as provided in the Maryland Rules of Procedure. A party to the judicial review may appeal the court’s final judgment to the Court of Special Appeals in accordance with the Maryland Rules of Procedure. Ord. 12-011 Ord. 15-336 Ord. 19-332

Any person who violates or who neglects or refuses to comply with any provision of this subtitle or of any rule or regulation adopted under this subtitle is guilty of a misdemeanor and, on conviction, is subject to a fine of not more than $500 or imprisonment for not more than 6 months or both fine and imprisonment. Each day that a violation continues after notification constitutes a separate offense. Ord. 12-011